Terms of Service

Last Updated 01/19/25

The moment you contact and set up a commission order with me, you are agreeing to the following terms of my services and understand both the civil and legal rights you are agreeing to.General Terms
All drawings will include my signature and a watermark that you may not remove.
(For all peices you may only request to change the size or transparency; min: 1% opacity)
•••
To prove that the comm you recive is not stolen art, I give all my customers permission to display our DM's on an as needed basis.
Customers are also allowed to give out my Discord and Instagram for others to contact about commissions and concerns.
Having a comm that is watermarked protects it from being stolen when posted by myself or even from where ever customers decide to post it, including preventing customers from paying me and claiming their comm as their own work.
•••
I may ask along finishing the commission if I may post and use your comm as a reference for future customers. This can include the comm being showcased in my Discord Servers, on my Instagram, Toy House, or even on my carrd under the gallery.
•••
Base Prices are subject to change overtime.
Prices per commission are subject to variation based on the details of the comm and occasional deals.
•••
I have the right to reject any request that I do not feel comfortable creating for any reason. I also reserve the right to hault work on a commission if I become stressed or uncomfortable with the work or our communication without full refund if I choose to.
(Aka, don't be rude or inappropriate when commissioning me.)
•••
Minor adjustment requests to the artwork itself are allowed, but I reserve the right to deny the request if it's an edit that I cannot fix without redoing the entire work.
•••
I reserve the right to deny any request to restart the work already completed and any request to change the commission abruptly after our agreed upon plan for it.
•••
I reserve the right to deny making certain requests based on the individuals age regardless of any given excuse.
•••
For all NSFW inquiries, I will not consider your request without proof of age, and all customers requesting NSFW commissions must be 18 years or older.
I have the right to deny the request if I am uncomfortable drawing the specific NSFW request.Payment
A form of payment will be required before I start work on your commission(s), whether that be the full amount up front or 50% up front to seal you comm and the other 50% later on in the commission, usually at a 75-95% progress mark.
If you choose the 50-50 Payment route keep in mind that the 1st 50% starts the work, the last 50% finishes it. If you fail to make the final 50% payment I reserve the right to refuse refunds and drop the comm. See refund section for more details.
•••
A form of payment is required at the time of me starting the line art.
I have the right to refuse continuation on the commission if I do not recive payment to lock in your commission.
•••
Before pay I will give an estimate based on what the order is.
•••
Don't send me any payment before I have agreed to give you a slot and requested the payment.
•••
Nitro and VRChat Gifting is subject to be paid 100% upfront as the 50/50 method is not posible when concerning one gift.
*In the event of gift stacking, which is payment for a commission that costs 2 or more gifted benefits in a row, the payment will be required at diferant margines of the work.
•••
Tips are accepted! But be aware that tips are non-refundable period.Refunds
The buyer is not allowed a refund once I start line work on the commission.
•••
If for any reason I am unable to start on your commission you will receive a full refund.
•••
If you cancel your order after I have started line work, I will deny the request of a full refund.
Subject to minimal negotiation.
•••
If you are getting a refund, do not request a chargeback. I will transfer the money back to you myself.
•••
If you request a chargeback at any point without consulting with me first, you will lose all rights mentioned civil and legal rights mentioned in my TOS and will not be receiving the work finnished if you haven't already. I will decline the chargeback and supply whoever it may concern with our conversational and progressional evidence of the work being completed.
Furthermore, you will be blacklisted from my commissions.Walkout Policy
If you decide that at any point during the commission that you do not wish to pay the rest of the commission or do not want to wait, you will be blacklisted from my commissions.Legal Rights
I, Neko Delta, as the original artist of all my signed and watermarked works, claim the rights to the produced drawings, not the buyer. Therefore I am allowed to use the copyrighted artwork to:
Promote myself with the work if I wish to.
Publish and display the artwork in my own books, posts, forums, social medias, etc.
Share my experience of creating the artwork.
•••
My work is (CC) Attrib. NonComm. NoDerivs.
Basically, this means you are allowed to use and share the work you have commissioned from me as long as it is shared with credit back to me.
Therefore the buyer is allowed to:
Use the commissioned piece for personal use unless agreed otherwise (aka upload it to your social medias, profiles, forums, etc.)
Print the artwork and claim the character(s) as their own, but not the artwork itself.
Send the art to others as long as there's proper credit and the peice is not subject to profit.
•••
The following is considered copyright infringement and a violation of these terms:
Reproducing/reusing the commissioned artwork commercially.
Claiming the artwork as your own.
Removing my signature and/or watermark from the artwork.
Altering or tracing the artwork without my consent.
•••
I reserve the full rights to the image and it's use and/or distribution.
The title to the artwork passes to the client or commissioning agency/organization upon their written acceptance of and payment for the work, but the copyright belongs to and remains with the origional artist, that being me.
(Information provided from an article called "Who owns the copyright for a public artwork?" (2019, December 5). Americans for the Arts. https://www.americansforthearts.org)
•••
My commissions do not fall under the United States Works-made-for-hire, or in short the Work-for-hire agreement. Paying me to make a piece of work may seem like hiring me, but it does not make me an employee of yours and therefore it'snotbfor hire. A work-for-hire agreement requires both parties to sign a written document, and I will not sign one as such.
Information provided from an article by Bailey, J. (2019, September 5). Copyright and Commissioned Art. Plagiarism Today. https://www.plagiarismtoday.comBlacklist Policy
If at any time you are notified or find that you are on my blacklist, you may consult with me as soon as 5 business days after the incident to rectify and negotiate your blacklist removal.
•••
If you find that I might have you blocked, please reach out to my email in a professional formatting manor;
[email protected]
•••
If you are unable to contact me through email, you may have already spent your chance to rectify and will not be able to in the future.The moment you set up a commission with me, you are agreeing to these terms and understand the civil and legal rights you are agreeing to.